Patel Pankajkumar Prahladbhai vs State Of Gujarat & 1 Other(S)

Dr. Ashokkumar C. Joshi, J

The Appellant (Original Complainant) has filed the present Criminal Appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 6.2.2018, passed in Criminal Case No. 259 of 2016 by the learned Judicial Magistrate First Class, Deesa, recording the acquittal of the Respondent No.2 - Jetendrasinh Sedhaji Dabhi (Original Accused) for the offence punishable under Section 138 of the Negotiable Instruments Act.

Heard learned Advocate Mr. Chirag Shrimali for learned Advocate Mr. Sanjivkumar T. Patel for the Appellant, learned Advocate Mr. Himanish Javpee for learned Advocate Mr. J.V.Japee for Respondent No.2 (Original Accused) and learned APP Ms. Monali Bhatt for the Respondent - State of Gujarat.

Learned Advocate for Respondent No.2 (Original Accused) has submitted that Respondent No.2 - Jetendrasinh Sedhaji Dabhi has expired and he has placed on record the death certificate to that effect on 10th of July 2021.

Learned Advocate Mr. Japee for Respondent No.2 (Original Accused) has submitted that he does not want to join the legal heirs of the deceased Jetendrasinh Sedhaji Dabhi and has requested this court that the Appeal may be abated for the Respondent / Original Accused.

In support of his submission, learned Advocate Mr. Japee has placed reliance on the judgment of the Hon'ble Keral High Court in the case of Madhu v. State of Kerala & Another, reported in 2020 SCC Online Ker 2353 wherein it is held that since the cheque was issued by the deceased person, upon such premises, the legal heirs cannot be joined and therefore the Keral High Court has held that the Appeal is required to be abated under Section 394(1) of the Criminal Procedure Code.

Learned Advocate Mr. Chirag Shrimali for the Appellant has no objection if the the Appeal is abated for the Respondent No.2 (Original Accused) as prayed for by the learned Advocate.

Considering the submission advanced by the learned Advocate for the Respondent / Original Accused and the legal position on the point, the present Criminal Appeal stands abated for the Respondent No.2 / Original Accused and accordingly stands disposed of.